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Senin, 16 Januari 2012

Workers Injury Rights Blog Launched

The Workers' Injury Rights blog has been launched by the Law Office of Deborah G. Kohl of Fall RIver, Massachusetts. Attorney Deborah G. Kohl has focused her professional energies on workers’ compensation and disability law through her nearly 30 years in practice. 

Attorney Kohl stated, "We started this blog because we are passionate about workers' compensation and workers' rights. It is a way to share some of what we've learned in our decades of legal experience with anyone concerned about workplace safety."

She is an active lecturer and author in the field, and has held several prestigious leadership positions, including serving as president of the Workers Injury and Law Advocacy Group. She is perennial listed in the publication Best Lawyers In America.

The lead article of the blog is entitled, "Workers' Compensation is all about Relationships," by Ryan Benharris. Mr. Benharrus stated, "Prevention of accidents should be the first step in establishing a successful workers’ compensation system."

Click here to visit: Workers' Injury Rights

Senin, 09 Januari 2012

On-Star To Predict Type & Extent of injuries

English: Logo of General Motors Corporation. S...Image via WikipediaWorkers' Compensation is all about the results of injuries and new technologies may assist in evaluating claims and expediting treatment and awards. On-Star, the integrated system of General Motors (GM) that provides immediate reporting of accidents has announced that it will taking the next in the future. It will integrate the reporting system with data from the Centers for Disease Control and provide prediction data on the type and extend of injuries. 

Expanding internationally, Shanghai OnStar Telematics Service Co., Ltd will officially provide vehicle safety telematics service for the vehicles manufactured and sold by SGM in China. These services will include the Crash Automatic Resort Service, Emergency Rescue, Remote Door Unlock, Turn-By-Turn Navigation and Vehicle Condition Reports, etc.

Click here to read more:  GM OnStar will initiate the service of “Injury Prediction”
"The president of the OnStar claimed that: “the Injury Prediction service is a good substitution to the injury description by the vehicle owner who is injured seriously. This technology plays a part of virtual witness in the accident site. What is even more surprising is that the traffic accident and injury information acquired by this service is far more accurate than what is dictated by the witness. It is said that OnStar is going to officially provide this service from next year."
.....
For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Jumat, 09 Desember 2011

The Times They Are Changing

This year fall athletics have seem to be taking center field reflecting the problems of an inadequate workers' compensation system. The issues of safety, compensatibility, venue, benefit rates and medical care, are symptoms of a greater problem and are becoming a catalyst for change.

Today, David DePaolo, the President & CEO of WorkCompCentral, has editorialized of the lack of the ability of the workers' compensation system to meet present needs is now a major concern and that generally workers' compensation is just no longer relevant.

Click here to read his recent post: Professional Sports and the Relevancy of Comp
"I see all of this as evidence that things are changing, and that the pace of change is quickening. Obviously such things don't change overnight, but I would wager that the work comp world is going to be a much different landscape in 20 years, or even 10."

Related articles

Senin, 12 September 2011

Workers Compensation Do It Yourselfers Get Help

Workers Compensation claims can be complicated and difficult so some states offer assistance to those who want to handle their own cases. Minnesota is the latest in a series of jurisdictions to offer assistance to both injured workers and employers.

The Department of Labor and Industry (DLI) has established a new Office of Workers' Compensation Ombudsman to provide advice and assistance to employees and small businesses.

"Our goal is to help injured workers and small businesses who are having problems navigating the workers' compensation system," said Ken Peterson, DLI commissioner. "The ombudsman will complement the other services provided by our agency's Safety and Workers' Compensation Division and will be an additional resource for parties who need in-depth help in resolving problems they encounter in the workers' compensation system."

Various stakeholders have long sought an ombudsman function to help injured workers who are often at a disadvantage because they know very little about how the sometimes complex benefit entitlement system works in workers' compensation. In February 2009, after studying DLI's oversight of workers' compensation, the Minnesota Office of the Legislative Auditor issued a report that encouraged the establishment of an ombudsman function to "help those injured workers who are overwhelmed with the workers' compensation process."

The ombudsman assists injured workers by:
  • providing advice and information to help them protect their rights and to pursue a claim;
  • contacting claims adjusters and other parties to help resolve disputes;
  • assisting in preparing for settlement negotiations or mediation; and
  • making appropriate referrals to other agencies or entities when further resources are needed.

The ombudsman assists small businesses by:
  • providing information regarding what to do when an employee reports an injury;
  • directing them to appropriate resources for assistance in obtaining and resolving issues regarding workers' compensation insurance; and
  • responding to questions pertaining to employers' responsibilities under Minnesota's workers' compensation law.
Hopefully more states will recognize that their to assist employees and employers in what has become a very complicated process. The Minnesotta effort will go along way to relieve stress and anxiety for everyone involved in the process.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.


Kamis, 26 Mei 2011

Driving Home From A Conference Held to Be Compensable

The employee's travel which resulted in his fatal injuries while he was driving from home in a vehicle furnished by his employer to an overnight conference outside his normal work area at the employer's request, was held to be compensable for workers' compensation purposes. The travels originated in, and furthered, the business of his employer and, thus, occurred "in course of employment." Even though the accident occurred on the way to pick up a coworker who had the same job as the employee and was also required to attend the same conference, death benefits were payable.

"As previously noted, an employee's travel between home and work furthers the affairs of the employer (the second element of the course and scope definition) because it makes employment possible. Thus, the propriety of summary judgment hinges on the definition's first element—whether the travel originated in the employer's business. There is no bright-line rule for determining whether employee travel originated in the employer's business. Rather, each situation is necessarily dependent on the facts. As a general rule, an employee's travel originates in his employer's business if the travel was pursuant to the express or implied requirements of the employment contract. This reflects the underlying policy goal of allocating to the employer and insurance carrier the risks inherent in an employee's job while leaving to the employee risks that are “shared by society as a whole and do not arise as a result of the work of the employer.” When the employer requires the employee to travel as part of its business—i.e., pursuant to the contract of employment—the risk of traveling stems from that business and properly can be said to arise as a result of the employer's business." [Cites omitted]

Zurich American Ins. Co. v McVey, No. 03–09–00666–CV, 2011 WL 1238657 )Tex. App. - Austin, 2011) Decided March 30, 2011.

For over 3 decades the Law Offices of Jon L. Gelman  1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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Sabtu, 26 Februari 2011

Using the Forbidden Words-Texas Workers Compensation

The Texas Workers Compensation Agency has sent a cease-and-desist letter to to the author of the Texas Workers Compensation Law Blog requesting that he stop using the term(s), "Texas Workers Compensation" in his blog. The Lubbock, Texas workers compensation lawyer has filed a lawsuit in federal court alleging violation of his First Amendment rights have been violated.


The Texas Labor Code s 419.002 prohibits  “any impersonation, advertisement, solicitation, business name, business activity, document, product or service.” The Texas blog author, who has sought declaratory relief,  has alleged that the statute is overly broad and violates his Right to Free Speech. The blogger is certified in Workers' Compensation Law from the Texas Board of Legal Specialization.

Selasa, 08 Februari 2011

Facebook Becomes a Questionable Friend of Workers Compensation

Social networking’s popularity has become a two-edged sword as a tool in the management, investigation, and disposition of workers’ compensation claims. Over the last several years there has been an exponential explosion in the use of this technology on the Internet. The challenge to properly access and effectively utilize the electronically stored information [ESI] is resulting in procedural and ethical ramifications for the workers’ compensation community.


Complete article appears as a guest blog on: PropertyCasualty360

Senin, 22 November 2010

Iowa Workers' Compensation Commissioner Tells Congress AMA Guides Are Objectionable

The Commissioner of the Iowa Division of Workers' Compensation, Christopher James Godfrey, recently testified before Congress that AMA Guides 6 Ed. were problematic. The Commissioner cited the 2008 Iowa Task Force report that found multiple errors and cultural bais in the AMA Guides.

An additional objection made was that the Guides were in conflict with both Iowa statutory and case law. The Commissioner stated, "With all due respect to Dr. Brigham, the Iowa Workers’ Compensation system will evolve and improve when it is decided by the citizens of Iowa that it will evolve and improve. The system will not evolve at the whim or business opportunity of either one physician, one medical association, or a small consensus of the two."


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Selasa, 16 November 2010

CMS Extends Interim Dollar Reporting Threshold Date

II. Extension of Current Dollar Thresholds for Liability Insurance
(Including Self-Insurance) and Workers’ Compensation

The interim dollar reporting thresholds set forth in Section 11.4 of version 3.1 of the MMSEA 111 Liability Insurance (Including Self-Insurance), No-Fault, and Workers’ Compensation User Guide have all been extended by one calendar year.

Under Section 11.4, “Workers’ Compensation ORM”, the date 12/31/2011 is changed to 12/31/2012.
Under Section 11.4, “Liability Insurance and Workers’ Compensation TPOC Amounts”, the last four bullets are revised to read:
• Claim reports where the last (most recent) TPOC Date is prior to January 1, 2013 with TPOC Amounts totaling $0.00 - $5,000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2013 with a total TPOC amount less than or equal to $5000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2013 through December 31, 2013 with TPOC Amounts totaling $0.00 - $2000.00, are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2014 with a total TPOC amount less than or equal to $2000.00 will be rejected.
• Claim reports where the last (most recent) TPOC Date is January 1, 2014 through December 31, 2014, with TPOC Amounts totaling $0.00 - $600.00 are exempt from reporting. Initial claim reports (add records) with no ORM (ORM Indicator = ‘N’) where the most recent TPOC Date is prior to January 1, 2015 with a total TPOC amount less than or equal to $600.00 will be rejected.
• No threshold applies to claims where the last (most recent) TPOC Date is January 1, 2015 and subsequent.

November 09, 2010
Medicare Secondary Payer Mandatory Reporting Provisions in
Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007
(See 42 U.S.C. 1395y(b)(7)&(b)(8))


Rabu, 13 Oktober 2010

NJ Denies an Occupational Workers Compensation For Last Exposure Applying Apportionment Rule

A NJ Appellate Court denied an employee workers' compensation benefits by applying an apportionment rule as well as the manifestation of disease doctrine. The employee worked in two states and spend more than 10 times of his working career in Pennsylvania working n a similar job during which time manifestation occurred.


"We do not suggest that there is a mandatory mathematical formula that judges of compensation should apply in calculating the employment exposure of a petitioner as part of Williams's jurisdictional test. Although we might quibble with Judge LaBoy's description of petitioner's exposure as "de minimis," we nevertheless conclude that the sixteen-month exposure was not sufficiently substantial under the totality of the circumstances to constitute injury-conferring jurisdiction in the Division."


McGlinsey v George H. Buchanan Company, Not Reported in A.3d, 2010 WL 3932983 (N.J.Super.A.D.) Decided September 30, 2010


For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.
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Minggu, 19 September 2010

US Workers Compensation Centennial Commission



This  10-minute video was created for the National History Day contest by students at Nimitz High School in Houston, Texas.

The Workers’ Compensation Centennial Commission was formed to celebrate the first constitutional workers’ compensation law in the United States which was signed on May 3, 1911 and took full effect on Sept. 1, 1911.  It was a recognition of society’s responsibility to the workplace, establishing workers compensation as the first form of social insurance in American history.  Today, workers’ compensation stands as a pillar within our economic system that benefits all Americans.

For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900  jon@gelmans.com have been representing injured workers and their families who have suffered work related accident and injuries.

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Campaign for Centennial Workers Compensation Postage Stamp

Sabtu, 18 September 2010

Plaintiffs' Law Firm Jon L. Gelman Ranked a Best Law Firm by U.S. News & World Report

Jon Gelman, a plaintiffs' litigation firm for over 3 decades, announces today that U.S. News & World Report has named the firm to its 2010 Best Law Firms list, an annual list showcasing law firms in 81 practice areas throughout the United States. The Best Law Firms rankings (http://tinyurl.com/2foh4u2) are based on both objective data and peer evaluations. Jon Gelman was ranked for its work in Workers’ Compensation.


Jon Gelman represents clients in individual and class action cases in complex litigation across an array of practice areas, regularly litigating challenging cases involving multiple parties in state and federal jurisdictions throughout the United States, either as sole counsel for the plaintiffs or in association with local counsel and other firms. It is a specialty law office concentrating its practice in the litigation of catastrophic and serious injuries resulting from work-related exposures and traumatic events. Jon Gelman is currently active in such cases as the nationally publicized Asbestos Litigation  (http://tinyurl.com/26r4t3r) and Burn Pit Litigation (http://tinyurl.com/279ds2n) and multi-district litigation filed by military personnel against defense contractors KBR and Halliburton.


Attorney Jon Gelman (http://tinyurl.com/ylfucty) received a number of awards and accolades for his willingness to take on diverse litigation in the fight to protect those harmed by traumatic events and occupational exposures. He is a member of The College of Workers Compensation Lawyers (http://tinyurl.com/2crqrn9).


The firm provides legal service with a social conscience. His practice is built on a strong foundation of in-depth knowledge of the subject matter which is reflected in the 3-volume treatise entitled Workers' Compensation Law (http://tinyurl.com/26rfqoq), (Thomson-West), that Jon Gelman authored, and in the 3-volume national treatise, Modern Compensation Law, (Thomson-West), that he also co-authored.


Best Lawyers (http://bestlawfirms.usnews.com/) compiles its list by conducting extensive peer-review surveys in which thousands of lawyers confidentially evaluate their professional peers. The list is published in an annual referral guide, The Best Lawyers in America, with the intention of providing lawyers and clients with a reliable source for finding legal experts in unfamiliar jurisdictions and practice areas. To date, Best Lawyers is the oldest peer-review publication available in the legal profession. The 2010 Best Law Firms list will be featured in the October print issue of U.S. News & World Report and will be available on September 27, 2010. The list and selection methodology are also available at www.usnews.com/bestlawfirms.


Jon L Gelman LLC is located in Wayne, New Jersey. For more information about Jon L. Gelman LLC, contact Jon L. Gelman (NJ) at +1 973.696.7900 or visit http://www.gelmans.com.



Rabu, 15 September 2010

Facebook Makes an Appearance in Workers' Compensation Court

Social networking sites, such as Facebook, have now become informational sources that workers' compensation lawyers are now utilizing for evidentiary purposes. The question that remains unanswered is how information obtained through social networking sites can be admitted and utilized as evidence.

In a recently published article, Law School Professor Gregory M. Duhl and attorney Jaclyn S. Millner, focus on the issues of professional responsibility, discovery, privacy and evidence when social networking factors integrate with a workers's compensation proceeding. Since the compensation system is theoretically no-fault and the evidentiary system is informal, the authors theorize that the workers' compensation arena will act as a fertile ground for experimentation in the legal application of this new technology. 

Social networking site have experienced a surge in use. Web users spend more time on Facebook now than on Google.  Workers' Compensation judges are  also increasing their use of social networking sites.

Text, photos and commentary, shared among the social network, will provide a new avenue of factual discovery that may assist the decision maker in reaching an evaluation of the claim. The authors review the professional responsibilities of attorneys to their clients in advising them of the potential benefits and hazards of social networking, as well as  their  strategy for preparing text and photographic material into evidence. They conclude that lawyers handling workers' compensation matters need to be educated on how to properly utilize facts and opinions gathered from the social networking system.

Duhl, Gregory M. and Millner, Jaclyn S., Social Networking and Workers’ Compensation Law at the Crossroads (September 2010). Pace Law Review, Vol. 31; William Mitchell Legal Studies Research Paper No. 2010-16. Available at SSRN: http://ssrn.com/abstract=1675026
...
For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900
 jon@gelmans.com have been representing injured workers and their families who have suffered occupational illnesses. Author NJ Workers Compensation Law (West).

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Jumat, 27 Agustus 2010

Slow Economic Grown Forecasts Dismal Future for Workers Compensation

Quarterly Gross Domestic Product (year-on-year...
The announcement today of slower economic growth predicts a gloomy future for the US Workers' Compensation industry. A 2nd Quarter growth rate of 1.6% is far below the minimum 2.5% rate necessary to halt the increasing numbers of unemployed workers.


The US workers' compensation industry is dependent on premiums, based on wages, paid to workers. A lack of workers on payrolls stalls the economic engine necessary to fund the system. The predictable response is an increase in rates chargeable to fewer employees in a time when the country faces a predictable deflation rate in advance of potentially soaring rates based upon inevitable inflation resultant from increased governmental spending. Seven more years, at a minimum of high unemployment has been predicted.


Compounding the scenario is the fact that the historical pattern of the past will most likely not allow for a major rebound as the facts of economic growth, globalization and transfer of manufacturing overseas has devastated the base of growth for the national workers' compensation system. 


Click here for more information on how Jon L Gelman can assist you in a claim for workers' Compensation claim benefits. You may e-mail Jon  Gelman or call 1-973-696-7900.


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Sabtu, 31 Juli 2010

Workers Compensation Takes a Bigger Bite Out of the Big Apple

The Workers' Compensation costs for the City of New York are trending upward while the number of cases are declining. In its latest yearly report on Workers Compensation costs it was revealed that in 2009 $12.9 Million were paid out to injured workers in 14,430 cases. Uniformed employees, ie. fire and police, are not covered under the workers' compensation.


Click here to read more about workers' compensation and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.

Jumat, 30 Juli 2010

Getting the Right Count on Injured Workers--Self-Reporting

Logo of the Centers for Disease Control and Pr...
The massive underreporting of occupational injuries and illness has been a major focus of concern in the evaluation of the true efficiency of the present patch work of State workers' compensation programs. A recent report published by the Centers for Disease Control and Prevention (CDC) highlights the feasibility of complementing existing occupational injury surveillance through the use of population-based surveys.


The report concludes that, "....additional research is needed to understand the reasons for nonpayment of worker-reported occupational injuries by workers' compensation insurance programs."  The Behavioral Risk Factor Surveillance System (BRFSS) is a non-employer based data reporting system.


Click here to read the report.


Click here to read more about workers' compensation and claims for benefits. For over 3 decades the Law Offices of Jon L. Gelman 1.973.696.7900 jon@gelmans.com  have been representing injured workers and their families who have suffered asbestos related illnesses.